Scott M. Kuboff, Esq.
Northeast Ohio Trial Attorney

Understanding Your Rights

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UYR: Your Rights Upon Arrest

Most people will never find themselves in a situation where they are being hauled off to jail. However, sometimes bad things happen to good people. If arrested, here are your basic rights: 

  1. You have the right to be advised of your Miranda rights if the officer is asking you questions other than basic booking questions (i.e. name, address, date of birth, etc.) Certainly, if you are being interrogated following an arrest, immediately invoke your Fifth Amendment rights, demand an attorney, and do not answer any questions until one is present. You cannot be punished for not answering questions. On the other hand, your answers to questions (i.e. admissions) are often the best evidence against you.
  2. You have the right to be advised of why you are being arrested. Keep in mind, in Ohio, you may be held for 72 hours in investigative detention before charges are issued. 
  3. If you’re arrested on a warrant, you have the right to see with warrant within a reasonable time following your arrest.
  4. You have the right to contact a responsible person to inform him or him that you have been arrested. You are not limited to one telephone call if more calls are needed to contact someone. 
  5. You have the right to refuse any physical or chemical test (such as a polygraph “lie detector,” breathalyzer, intoxilizer, field sobriety tests, etc.), until you speak to your attorney. Keep in mind, in OVI/DUI arrests, refusal of a chemical breath test will result in increased penalties and license suspension. 
  6. You have the right to have an attorney present at any station house line-up or other identification procedure in which you are viewed by possible eyewitnesses to a crime. 
  7. Once charged, you have the right to reasonable bail or bond (unless you are charged with a capital offense.) Keep in mind, in Ohio, you may be held for 72 hours in investigative detention before charges are issued.
  8. Once charged, you have the right to be brought before a judge to request a preliminary hearing to challenge the basis of your arrest and/or enter a plea of not guilty and request a trial. 

        For more useful information, and answers to frequently asked questions concerning the arrest process, the Ohio State Bar Association has compiled an informational pamphlet (also attached below) that I highly recommend reading.